LEGAL PROBLEM SOLVING - A GUIDE FOR LAW STUDENTS.

1. READ THE FACT SCENARIO CAREFULLY

2. UNDERSTAND WHAT IS REQUIRED of you by reading the question asked:

Issue recognition: What legal issues are raised by the problem? State these clearly.(Remember you will be able to identify the issues easily if you have done your reading and practised the tutorial problems.)

Legal Rule(s): What principle of law must be applied to resolve the issue? State the rule BRIEFLY and clearly. These will be from the Statutes, which apply, or from case law.

Application: Apply the law to the facts and come to a conclusion to solve the issue. Often, of course, a legal issue is a result of a dispute and you should therefore discuss the issue from both sides.

Conclusion: Draw a brief conclusion on how the problem will be solved. Sometimes the issue will be clear. At other times, you will need more facts. If this is the case, say so. Make sure you do actually draw a conclusion. Do not be a fence sitter!

3. TIPS:

In longer problems use subheadings to identity each issue.

Discuss the most important issues first.

Make sure you have used each identifiable piece of information contained in the problem. It is there for a purpose Do not repeat the question. It is there is to raise an issue!Structure your answer logically.

Support your answer by citing references to Statutes or cases.